±¬ÁÏÍø

The ±¬ÁÏÍøDT found that the reason provided by the Administration for the non-renewal was not supported by the facts and that the decision was indeed based on extraneous factors. The decision of the ITC Senior Management Committee to merge several existing programs was never really implemented. A generic P-4 post was advertised in early 2012 under the new program, and funded through budget lines already available when the decision not to extend the Applicant¡¯s appointment was taken. The available evidence shows that the real motive of the decision was the fact that the Applicant¡¯s supervisor...

The ±¬ÁÏÍøDT found, in its earlier Judgment McCloskey ±¬ÁÏÍøDT/2012/199 that only the decision pertaining to the Statement of Tax Settlement for the year 2010 was receivable. Following the Tribunal¡¯s Judgments in McCloskey ±¬ÁÏÍøDT/2012/199 and Johnson ±¬ÁÏÍøDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-±¬ÁÏÍøAT-240, the Respondent no longer contests the illegality of the decision to use the Applicant¡¯s wife¡¯s foreign income tax credit. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor...

The Tribunal found that the Applicant had not suffered any material or moral prejudice. With regard to OSLA¡¯s refusal to provide her with legal assistance, the Tribunal found that the decision is not illegal since there was a conflict of interest . The Applicant is a staff member of OSLA and her application before the Tribunal concerns a written reprimand issued by her immediate supervisor, the Chief of OSLA.

As regards her e-Pas reports, the Tribunal found that the ratings resulting from the rebuttal processes had replaced the initial ratings and that hence the e-Pas reports cannot be annulled. Concerning the inclusion in the OSF of documents arising from the rebuttal processes relating to her e-Pas reports, the Tribunal found that only the documents specified in ST/AI/2002/3 and ST/AI/2010/5 are to be included in her OSF. It also found that the irregularities in relation to her e-Pas reports were of such gravity as to render them meaningless and that they are thus not be included in her OSF. The...

As regards the Applicant¡¯s request for rescission of the contested decision, the Tribunal found that it was irreceivable insofar as decisions to extend a staff member¡¯s appointment are not decisions adversely affecting a staff member and thus are not subject to appeal. As regards the Applicant¡¯s request for a two-year renewal, the Tribunal further found that there were no legal provisions stipulating a particular duration of a fixed-term appointment.

The Tribunal found that the decision to consider the Applicant as ineligible was legal and did not violate any of his rights.

The ±¬ÁÏÍøDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The ±¬ÁÏÍøDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The ±¬ÁÏÍøDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

He alleged that the non-renewal of his appointment was based on discriminatory grounds, i.e. because of his Kurdish ethnicity, and not for reasons of force majeure, namely due to the occurred earthquake, leading to the subsequent closure of the ±¬ÁÏÍøHCR office in Van/Turkey. The ±¬ÁÏÍøDT found that the decision not to renew his appointment was lawful, as the Applicant failed to adduce evidence of any breach of his rights.